1. ' The applicant has filed the above application for bail before arrest. The applicant is a retired Air Marshal who has to his credit 35 years' service in the Pakistan Air Force. He was on deputation with the P.IA. As the Managing Director inter alia during the period from January, 1983 to January, 1986.
2. The applicant apprehends arrest in connection with F.I.R. No, 11/89, registered by F.IA. Economic Enquiry Wing, Karachi upon the complaint made by Abdul Qadeer Khan, Assistant Director F.IA. E.E.
3. Wing Karachi, against the present applicant and co-accused Syed Ejaz Ali, who was at the relevant time acting as the D.M.D. And Director, Corporate Wing. The allegation against the present applicant and the co-accused is that he in collusion with the co-accused caused monetary loss amounting to U.S. $ 14 million in relation to the sale of P.IA.'s 4 DC-10 Aircrafts and purchase of 747-S Aircrafts for P.IA. By introducing intermediary Messrs Page Avjet. The applicant had obtained a protective bail from a learned Single Judge of the Lahore High Court, Rawalpindi Bench on 1-61989 for a period expiring on 14-6-1989 with the object to approach the Special Judge Anti-Corruption (Central) or any other appropriate Court. The above protective bail had expired yesterday. Since there is no Special Judge Anti-Corruption for the area within which the alleged offence was committed, the applicant has filed this application directly in the High Court. The co-accused Syed Ejaz All had filed an application for bail before arrest before the Special Judge Anti-Corruption (Central) Karachi, who had declined the above application on the ground that he had no jurisdiction in respect of the area where the offices of F.IA. And P.IA. Were situated.
4. I had issued a notice to the learned Deputy Attorney-General of the above application. Mr. Hussain Adil Khatri, learned Standing Counsel is present in response to the above notice. I have enquired from him, whether there is any additional material available against the present applicant other than what was available in relation to the co-accused Syed Ejaz Ali whom I had granted bail on 12- 6-1989, his reply was that except the factum that the applicant as the Managing Director appointed a Working Group of which co-accused was appointed as the A Chairman by order, dated 5-7-1984, which had examined the above transactions, there is no other distinction for the time being as the matter is still under investigation and the material is being collected. It seems that at present in addition to the above order, dated 5-7-1984 the reliance has been placed by the F.IA. On the relevant Annual Account Report of Messrs C.P. Airlines showing the purchase of the aforesaid 4 DC-10 for a sum of US $ 120 million against the sale price realised by the P.IA. On record U.S. $108 million.
5. ' Since I have admitted the co-accused to bail, I am also inclined to admit the applicant to bail as he had retired from the Air Force and had a long service to his credit and that at present on the basis of the material available it cannot be said that there is probability of his being convicted for the alleged offence. I would, therefore, admit the applicant to bail for the sum of Rs,10,00,000 (Rupees ten lac) with two sureties of the above amount each and P.R. In the like sum to the satisfaction of the Nazir of this Court on the condition that the applicant will cooperate with the Investigation Agency and in case he does not cooperate, or further reliable material is collected, it will be open to the State to move an application for cancellation of the bail. The passport of the applicant already as per averment of the learned counsel for the applicant received by the F.IA., will be retained by the F.IA. Till the finalization of the above matter. .